2025 Priorities

A smarter approach to criminal justice.

Note: The governor had until 11:59 p.m. on March 24 to act on all legislation passed by the General Assembly during the 2025 session. The General Assembly reconvened in Richmond on April 2 to address the governor’s recommendations and vetoes. The governor has until May 2 to sign or veto the remaining bills.

1) Prohibit Youth Shackling, HB 2222 (Cousins) & SB 1255 (Bagby): Virginia allows the indiscriminate shackling of youthful offenders in court, using both leg and arm shackles, regardless of the charge. Thirty-nine other states, Puerto Rico, and D.C. have banned or limited this practice. The indiscriminate shackling of children in courtroom proceedings should be prohibited. Shackling is unnecessary and inherently dehumanizing. No child should appear in court with shackles unless a judge expressly finds that there is no less restrictive means of keeping the child or the public safe. Virginia lawmakers must take immediate action to prohibit the indiscriminate shackling of children and advocate for fairness, due process rights, and our children’s well-being at all times—including while they are appearing in court.

HB2222 History: 1/30/2025 passed House (96-Y 0-N). 2/12/2025 passed Senate (39-Y 0-N).

SB1255 History: 1/23/2025 passed Senate (39-Y 0-N). 2/10/2025 passed House with substitute (95-Y 0-N). 2/12/2025 House substitute agreed to by Senate (38-Y 0-N).

Governor’s action: 3/24/2025 SIGNED INTO LAW. Will take effect July 1, 2025.

2) Ensure Access to Record Sealing, HB 2723 (Herring) & SB 1466 (Surovell): Did you know that 1 in 3 Americans have a criminal record? More than 2.5 million Virginians alone. Criminal records—no matter how old or minor—can put employment, housing, education, and other basic necessities permanently out of reach. Major legislation passed by the General Assembly in 2021 and signed by Governor Northam allows people to seal their criminal convictions for the first time in Virginia. The 2021 legislation had a four-year delayed enactment—till July 1, 2025—to give state agencies the opportunity to update their record systems in preparation for the new law. The 2025 bill will make technical changes to keep the 2021 law on track. If it does not pass, access to record sealing will be delayed beyond July 1, 2025. This bill ensures access on the enactment date.

HB2723 History: 2/4/2025 passed House (89-Y 7-N), 2/19/2025 passed Senate with substitute (23-Y 16-N). House conference report agreed to by House (98-Y 0-N). Senate conference report agreed to by Senate (28-Y 12-N).

SB1466 History: 2/4/2025 passed Senate (25-Y 15-N). 2/13/2025 passed House with substitute (97-Y 0-N). 2/22/2025. House conference report agreed to by House (97-Y 0-N). 2/22/2025. Senate conference report agreed to by Senate (28-Y 11-N).

Governor’s action: 3/24/2025 Recommended amendments:
• Delay implementation of entire sealing law until July 1, 2026.
•  Delay implementation of automatic sealing until October 1, 2026.
• Remove assault on a law enforcement officer and financial exploitation of a vulnerable adult from sealing eligibility.

General Assembly ACCEPTED the governor’s recommendations: 4/2/2025. Sealing LAW will take effect July 1, 2026.

3) Protect People with Intellectual and Developmental Disabilities (ID/DD) and Mental Health Disorders—Amend 18.2-57(C), SB 1013 (Boysko): This minor amendment to 18.2-57 provides the possibility of an affirmative defense for individuals with mental illness or intellectual or developmental disabilities (such as autism spectrum disorder or dementia) who might assault a protected person such as a police officer or first responder. The amendment is a minor and potential opportunity for respite for those with ID/DD or mental illness where behaviors associated with the disorders may appear to be defiant but are a symptom of the disorder. Amending the statute does not prevent law enforcement officers from charging individuals who assault them, and does not apply if a protected person is seriously injured. It merely creates a slight layer of protection to our most vulnerable populations from arrest and prosecution where a disability or disorder may be the cause of disruptive behavior. Assaulting a protected person is currently punishable by up to five years in prison, with a mandatory minimum term of six months under Virginia law. The risk of acquiring this charge is great for families that may need to call first responders in the instance of a crisis. By amending the statute we improve public safety by creating a small opportunity to remove vulnerable people from our criminal justice system who do not belong there.

SB1013 History: 2/4/2025 passed Senate (23-Y 17-N). 2/14/2025 reported from House Courts of Justice with substitute (15-Y 5-N). 2/19/2025 passed House with substitute (53-Y 43-N). 2/20/2025 House substitute agreed to by Senate (23-Y 16-N). Governor’s action: 3/24/2025 VETOED.

4) Preserve Access to Diversion, HB 1713 (Watts): The Virginia Supreme Court has made clear that lower courts cannot refer people charged with felonies pending in district court to behavioral health dockets. This bill would allow behavioral health dockets to address people with mental health disorders, substance use and disabilities in the appropriate court.

HB1713 History: 2/4/2025 passed House (55-Y 44-N). 2/17/2025 passed Senate (39-Y 0-N). Governor’s action: 3/24/2025 VETOED.

5)​​ Advance Urgent Pretrial Reforms (Pretrial Justice Coalition): 

  1. Counsel at first appearance - CAFA, HB 2217 (Callsen) & SB 1227 (Aird/Stanley): Research tells us that how quickly a person is released after arrest can have a profound impact on the outcome of their criminal case. Unfortunately, in Virginia, our pretrial system leads to people, especially poor people, being held unnecessarily for days before they can be released simply because they are not appointed a lawyer in a timely manner.  By allowing and ensuring that individuals have an attorney when they first appear in front of a judge, bail can be considered immediately. And if a person is eligible for bail, they can return home, often within a day of their arrest, while the charges are pursued. Not having access to an attorney who can request bail, either because a public defender or court appointed counsel hasn’t been assigned or because of the jurisdiction’s policy, leads to additional and unnecessary time that a person–who has not been convicted–is being held in jail.

    HB2217 History: 1/24/2025 reported from House Courts of Justice with substitute (14-Y 8-N). 1/30/2025 passed House (51-Y 44-N). 2/5/2025 reported from Senate Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N). 2/11/2025 passed by indefinitely in Senate Finance and Appropriations (15-Y 0-N).

    SB1227 History: 1/27/2025 reported from Senate Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 2-N 3-A). 2/5/2025 left in Senate Finance and Appropriations.

  1. Expand research opportunities for pretrial data-VLDS, SB 1191 (Deeds): During the 2021 legislative session, the General Assembly passed Pretrial Data Project bills, HB 2110 and SB 1391, which require the Virginia Criminal Sentencing Commission (VCSC) to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. Currently the Pretrial Data Project is not linked with any other data outside the pretrial legal system, such as data on defendants’ employment, housing, or education. The Virginia Longitudinal Data System (VLDS) is a protected platform for linking distinct state agency datasets for research uses by verified researchers. If authorized by legislation, the VCSC could contribute the Pretrial Data Project to the VLDS and thus could provide linked, anonymized data to researchers.

    SB1191 History: 2/4/2025 passed Senate (21-Y 19-N). 2/19/2025 passed House (68-Y 31-N). Governor’s action: 3/24/2025 VETOED.

6) End Mass Surveillance, Oppose HB 2724 (Herring): The increasing unregulated and unmonitored use of mass surveillance technology by law enforcement infringes on fundamental privacy rights and risks further exacerbating mass incarceration and racial disparities in the criminal legal system. Virginia should end mass surveillance. And if they choose not to heed calls to dismantle it, members of the General Assembly must stop the expansion and put strict guardrails on the use of mass surveillance technology statewide.

HB2724 History: 1/27/2025 House Courts of Justice Criminal Subcommittee recommends reporting with substitute and referring to Appropriations (5-Y 3-N). 1/29/2025 reported from House Courts of Justice with substitute and referred to Appropriations (18-Y 4-N). 1/31/2025 reported from House Appropriations (17-Y 5-N). 2/4/2025 passed House (59-Y 39-N). 2/17/2025 reported from Senate Courts of Justice with substitute and rereferred to Finance and Appropriations (11-Y 3-N 1-A). 2/27/2025 reported from Senate Finance and Appropriations (11-Y 3-N). 2/20/2025 passed Senate with substitute (28-Y 11-N). 2/20/2025 Senate substitute agreed to by House (71-Y 24-N).

Governor’s action: 3/24/2025 Recommended amendments:
• Expand surveillance to state highways effective July 1, 2026.
• Extend data retention period to 30 days (currently 21).

General Assembly REJECTED governor’s amendments: 4/2/2025.

7) Require Electronic Discovery, HB 1630 (Keys-Gamarra) & SB 963 (Carroll Foy): Similar to legislation that passed the General Assembly in 2024, this bill would require prosecutors to provide criminal discovery materials to the defense by electronic means, whenever possible. 

HB1630 History: 1/24/2025 reported from Courts of Justice with substitute (20-Y 2-N). 1/30/2025 passed House (88-Y 6-N). 2/20/2025 passed Senate with substitute (39-Y 0-N). 2/20/2025 Senate substitute agreed to by House (87-Y 6-N).

SB963 History: 1/27/2025 reported from Senate Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 3-N 2-A). 2/3/2025 passed Senate (33-Y 6-N). 2/13/2025 passed House (91-Y 6-N).

Governor’s action: 3/24/2025 Recommended amendments:
• Adds a reenactment clause, forcing a future General Assembly to pass the legislation again—and a future governor to sign it—before it can become law.
• Forms a work group to study the issue.

General Assembly REJECTED governor’s amendments: 4/2/2025.

8) A Deferred Dismissal Should Not Depend On Payment of Costs, HB 1886 (McClure): A deferred disposition allows people charged with a first-time offense to keep a conviction off their record after completing all the court’s requirements. Still, some people are convicted solely because they cannot pay court costs. A person who completes all the court's requirements except payment of costs should never keep a conviction.

HB1886 History: 1/23/2025 passed House (53-Y 44-N). 2/20/2025 passed Senate with amendment (21-Y 18-N). 2/12/2025 Senate Amendment agreed to by House (Y-54 N-43 A-0). Governor’s action: 3/24/2025 VETOED.

9) Ensure Prompt Court Appearances for Probation Violations-PB-15, HB 2242 (Callsen): Probation officers can arrest people for violations with a hold called a PB-15. This process does not require an arrest warrant or court process, which means the person may sit in jail for several weeks without a court date or a lawyer. The Virginia Department of Corrections must inform the court when they arrest someone on a PB-15 so that the court can promptly appoint counsel.

HB2242 History: 1/30/2025 passed House (96-Y 0-N). 2/19/2025 passed Senate with amendments (40-Y 0-N). 2/20/2025 Senate Amendments agreed to by House (96-Y 1-N). Governor’s action: 3/24/2025 SIGNED INTO LAW. Will take effect July 1, 2025.

Other Legislation We Support

  • Voting Rights Restoration (Constitutional Amendment), HJ2 & SJ248

    • Enacted by the General Assembly. Must pass the General Assembly again in 2026 and then a voter referendum.

  • Allow people previously convicted of a felony or on bond to be released on unsecured bonds, HB1873

    • Vetoed

  • Marijuana re-sentencing, HB2555

    • Vetoed

  • Freeze court-appointed counsel fees for indigent defendants, HB1757 & SB901

    • Signed into law

  • Allow attorneys to record audio in Juvenile & Domestic Relations Court, SB965

    • Signed into law

  • Ensure incarcerated people have access to counsel

  • Require prosecutors to provide copies of the accused criminal history to defense counsel, HB1627 & SB1193

    • Signed into law

  • Establish minimum age of 11 for charging youth with criminal offenses in Juvenile & Domestic Relations Court, SB778

    • Vetoed

  • End the use of restorative housing (solitary confinement) in adult and youth facilities, HB2647

    • Vetoed

  • Prohibit the placement of youth in adult jails and prisons

  • Overdose Prevention Centers (OPCs)

  • An equitable, regulated marijuana market, HB2485

    • Vetoed

Legislation We Oppose

  • Repeal of prohibition of presumptions against bail

    • Failed

  • Expansion of felony murder for drug overdose deaths, SB746 & HB2657

    • The General Assembly passed an amended bill that allows for prosecution of involuntary manslaughter (1-10 years) when a person dies of an overdose caused by fentanyl. The Governor’s recommendation would allow for prosecution of murder (5-40 years) when a person dies of an overdose caused by any illegal drug. The General Assembly rejected the governor’s recommendation. He may now sign or veto the bill as it passed the General Assembly.

  • Adding a definition of driving in a careless or distracted manner, SB1416

    • Signed into law. This legislation was amended significantly in committee, resulting in a bill we no longer opposed.

  • Attempts to rollback pretextual policing reforms, SB947 & SB1411

    • SB947 failed in the Senate. SB1411 failed in the House.